Nowe granice wzajemnego zaufania w Unii Europejskiej
New boundaries of mutual trust in the European Union

Summary/Abstract: This paper is an analysis of case law of European Court of Justice and political documents concerning the principle of mutual trust. The aim of the author is to characterize the principle of mutual trust in judicial cooperation between Member States and its borders in the European legal area. The research hypothesis is that the principle of mutual trust, which is the foundation of the European legal area, is a dynamic phenomenon and its functioning within the EU legal framework depends on the will of Member States. In order to achieve the assumed research goals, the following research methods are used in the paper: formal-dogmatic, historical-legal and theoretical-legal. The CJEU jurisprudence and doctrine are analysed. The analysis is complemented by a case study on restrictions to the functioning of the principle of mutual trust based on selected case law of the Court of Justice of the European Union and materials constituting political programs, communications or recommendations of the European Commission and the European Parliament. The fourth part examines the various mechanisms created by EU and non-EU institutions to control mutual trust in the European legal area. The conclusion of the analysis states that mutual trust as a non-absolute instrument depends on the sovereign will of the Member States and that the Union institutions and bodies should establish mechanisms to ensure that mutual trust is maintained at an appropriate level.

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